Civil Liability Act 2002
8Repeal of section 109ZJ Environmental Planning and Assessment Act 1979
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8 Repeal of section 109ZJ Environmental Planning and Assessment Act 1979
8 Repeal of section 109ZJ Environmental Planning and Assessment Act 1979
(1) Section 109ZJ of the Environmental Planning and Assessment Act 1979 continues to apply (despite its repeal by the 2002 amending Act) to and in respect of an award of damages in a building action or subdivision action commenced before that repeal.
(2) Part 4 (Proportionate liability) of this Act does not apply to or in respect of—
(a) a claim in a building action or subdivision action referred to in subclause (1), or
(b) any development that is excluded from the operation of Part 4C of the Environmental Planning and Assessment Act 1979 by the operation of clause 34 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998.